A Virginia 5-day eviction notice is the written pay-or-quit notice a landlord serves under Virginia Code 55.1-1245 when rent is unpaid. It gives the tenant five days from the date of service to pay everything owed or the landlord may terminate the lease and file for possession in General District Court.1Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty The period has not been extended to 14 days, despite what some older guides suggest. Small errors in how the notice is written or delivered can force a landlord to start over, and small missteps by a tenant can waste the redemption rights that would otherwise stop the eviction.
The same five-day rule applies when a rent check bounces or an electronic payment is rejected for insufficient funds. In that case, the tenant must cure with a guaranteed method: a cashier’s check, certified check, or completed electronic funds transfer.1Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
One boundary to keep clear: the five-day notice is only for unpaid rent. Other lease violations trigger a different notice giving the tenant 21 days to fix the problem and 30 days before termination. Using the wrong notice for the wrong violation is one of the fastest ways to get a case dismissed.
What the Notice Must Say
The notice needs to identify the tenant, the property, the amount owed, and the deadline, and it must clearly state that the landlord intends to terminate the lease if payment is not made within five days. A workable notice includes:
- Every adult tenant named on the lease.
- The full property address, including any unit number.
- The total balance due, with base rent and any allowable late fees or other charges shown separately.
- The payment deadline, calculated as five days from the date of service.
- Clear language that the lease will terminate if the tenant does not pay within the five-day period.
The dollar amount matters. Virginia caps late fees at 10 percent of the monthly rent or 10 percent of the remaining balance, whichever is less, and those fees cannot start until rent is more than five days late. A notice that demands more than the lease and the statute allow is a defective notice, and a judge can dismiss the resulting unlawful detainer and send the landlord back to the beginning. The Virginia court system publishes standardized landlord-tenant forms that reduce the chance of procedural mistakes.2Virginia Judicial System. Landlord – Tenant Forms
How Service Starts the Five-Day Clock
Virginia law treats a “notice” as a written communication delivered by hand or sent by regular mail, and the sender must keep proof of delivery such as a certificate of service.3Virginia Code Commission. Virginia Code 55.1-1202 – Notice If the lease permits, the notice can be sent electronically, with an electronic receipt, fax confirmation, or certificate of service kept as proof. When the tenant is absent and has left no authorized agent, the notice may be posted in a conspicuous place on the premises.
For mailed notices, the effective date of service is the mailing date, not the date the tenant opens the envelope. The five-day countdown starts the day the landlord hands over the notice or drops it in the mail.
Proof of service is more important than many landlords realize. If a tenant later says they never received the notice, the landlord’s case turns entirely on documentation: an affidavit of service, a postal receipt, or an electronic confirmation.
Partial Payments and the Reservation of Rights
This is where landlords most often undo their own case. If a tenant sends part of the rent after receiving a five-day notice, accepting that money without the right written language can waive the right to proceed with eviction.
Virginia handles this through the concept of accepting rent “with reservation.” A landlord may take a partial payment and still pursue eviction, but only after giving the tenant written notice that any amounts paid are accepted with reservation and do not waive the right to evict.4Virginia Code Commission. Virginia Code 55.1-1250 – Landlords Acceptance of Rent With Reservation; Tenants Right of Redemption That language can sit right in the five-day termination notice. Skip it and cash a partial check, and the tenant can argue the landlord effectively reinstated the lease.
The statute prescribes specific wording, warning the tenant that partial payments will not stop the eviction, but that full payment of everything owed at least 48 hours before a scheduled eviction will cancel it. Landlords who want the option to accept any money mid-process should include this language on every pay-or-quit notice as a matter of routine.
What Happens When the Five Days Pass
If the tenant does not pay within the five-day window, the landlord may file a Summons for Unlawful Detainer in the General District Court where the property is located. Filing requires the original notice, proof of service, and a $36 filing fee.5Virginia Code Commission. Virginia Code 16.1-69.48:2 – Fees for Services of District Court Judges and Clerks and Magistrates in Civil Cases
The court must schedule an initial hearing within 21 days of filing, or no later than 30 days if the calendar cannot accommodate that.6Virginia Code Commission. Virginia Code 8.01-126 – Summons for Unlawful Detainer The summons must be served on the tenant at least 10 days before the hearing. If the tenant does not appear, the court can enter a default judgment for possession along with a money judgment covering unpaid rent, late charges, attorney fees where the lease provides for them, and court costs.1Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
The Tenant’s Right of Redemption
Virginia gives tenants a way to stop the eviction even after a judgment. At or before the first court date, the tenant can pay all rent, late charges, attorney fees, and court costs to get the case dismissed. A local government agency or nonprofit can also submit a “redemption tender,” a written commitment to pay everything owed within 10 days of the court date.4Virginia Code Commission. Virginia Code 55.1-1250 – Landlords Acceptance of Rent With Reservation; Tenants Right of Redemption
The right does not end there. Even after the court date, a tenant can still stop the eviction by paying the full amount owed, including sheriff fees if a writ of eviction has already been issued. The cutoff is 48 hours before the scheduled eviction, and payment must be made by cashier’s check, certified check, or money order.4Virginia Code Commission. Virginia Code 55.1-1250 – Landlords Acceptance of Rent With Reservation; Tenants Right of Redemption
There is one limitation. Landlords who own four or fewer rental units can restrict the right of redemption to once per lease period if they gave the tenant written notice of that restriction. Larger landlords cannot impose the limit.
Subsidized Housing Gets 30 Days, Not 5
Tenants living in properties with federally backed mortgages or receiving federal rental assistance are covered by an additional federal rule. Under the CARES Act, landlords of these “covered dwellings” cannot require a tenant to vacate sooner than 30 days after providing a notice to vacate for nonpayment.7Federal Register. Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent This 30-day period applies on top of Virginia’s five-day notice, so the longer federal period controls for qualifying properties.
Covered properties include units with FHA-insured, Fannie Mae, or Freddie Mac mortgages, along with public housing, Section 8 project-based housing, and other HUD-assisted programs. If you live in subsidized housing, both the federal 30-day rule and Virginia’s notice procedures apply.
Locking Out or Shutting Off Utilities Is Illegal
However far behind a tenant is on rent, a Virginia landlord cannot change the locks, shut off utilities, remove belongings, or otherwise try to make the property uninhabitable. These “self-help” evictions are illegal. A tenant who proves the landlord did any of them can recover actual damages plus statutory damages of $5,000 or four months’ rent, whichever is greater, along with attorney fees.8Virginia Code Commission. Virginia Code 55.1-1243.1 – Tenants Remedies for Exclusion From Dwelling Unit, Interruption of Services, or Actions Taken to Make Premises Unsafe
The court can order the landlord to let the tenant back in, restore any interrupted services, and repair any damage. A tenant can file this petition in General District Court, and the initial hearing must be held within five calendar days. In urgent situations, the court can issue a preliminary order before the landlord even responds. The five-day notice and the unlawful detainer case are the only lawful path to remove a tenant for unpaid rent.